2009 District Court Annual Review
The District Court of New South Wales
Annual Review 2010
Contents
Annual Review 2010
Foreword by Chief Judge
The District Court
History
Jurisdiction
Judiciary
Venues
Court Staff
Strategic Plan
Civil Business Committee Report
Criminal Business Committee Report
Professional Development (Education) Committee Report
Civil Jurisdiction
New South Wales
Caseload
SYDNEY
Caseload
Alternative Dispute Resolution
Residual Jurisdiction
SYDNEY WEST
Country
Criminal Jurisdiction
Trials
Caseload
Short Matters
Judicial Resources
Allocated Sittings
Actual Sittings
Annexures
Annexure A – Civil Caseload
Annexure B – Criminal Caseload
Annexure C – Compliance With Criminal Time Standards
Annexure D – Court Committees
Page 1 of 50
Foreword by Chief Judge
During the course of 2009 the Courtcontinued to improve its efficiency. Again this Court was the only one of the Intermediate Courts in Australia to meet the national standard of having less than 10% of nonappeal cases older than 12 months. In its civil jurisdiction the Court was also one of the best performing of the equivalent Courts in Australia. The delays which were once endemic in this State have disappeared and the management of the Court is a matter of maintaining this efficiency. There has been an ongoing emphasis on sexual assault cases and although such cases are heard much more quickly in New South Wales than other jurisdictions in Australia, I believe we should continue to try to reduce the period it takes to get these cases to trial.
In the criminal jurisdiction there was a slight reduction in cases committed for trial but a significant increase in appeals from the Local Court. These appeals, however, are generally not too time-consuming and accordingly, the resources available to the Court are sufficient to deal with the increases.
In the civil business of the Court there wasagain a very slight reduction in the number of actions filed but so slight as to have no effect on the operations of the Court. The major decline in the filings of civil actions has been in country circuit areas and in order to maintain the civil circuits they have frequently been amalgamated with the criminal circuits because it is important to provide an ongoing service to regional areas in the State.
During the course of the year a user survey was conducted as to satisfaction with the facilities provided by the Court in Sydney and the operations of the Court. Of course in civil matters decided by the Court there is always a losing party. In criminal cases the survey included persons appealing against their sentences and their supporters. In spite of the fact that in many of these cases it might be expected people would have a negative reaction to the Court, the results of the survey indicated that 95% of the 191 respondents were satisfied with access to the court building, 85% were satisfied with the facilities in the court rooms and 83% were satisfied with their treatment by the Court. Of the 47 jurors who responded, all were satisfied with their treatment by the Court.
In 2010 there will be a continued focus on sexual assault cases and the circuit work of the Court. The new Parramatta Court Complex will be open with eight courts functioning and it is hoped that will improve even more the efficiency of the Court’s operations in Sydney West. That Court Complex draws cases from many of the areas previously serviced from Campbelltown and Penrith Courts, but generally speaking those are areas where it is more convenient to travel to Parramatta.
In December, 2009 I issued a Practice Note to ensure that criminal cases in all countryareas where the Court sits permanently comequickly before the Court in the same way asoccurs in Sydney. Also during the year thenumber of criminal trials listed each week in the circuits was reduced to two trials in an attempt to reduce the number of trials not reached. During the year the number of trials disposed of in the circuits increased partly due to increased sittings.
A revised Practice Note was also issued in 2009 relating to the civil business of the Court emphasising the need for cases to be referred to alternative dispute resolution wherever possible. This is to encourage litigants to resolve cases as early as possible and as cheaply as possible. The early referral of cases will be done with a view to minimising the costs to parties and in some cases mediation will be provided by registrars of the Court without any cost. The Court is committed to providing a system of justice which is as affordable as can be achieved.
The Honourable Justice R O Blanch, AM
Chief Judge
The District Court
History
By the middle of the 19th Century the courtsystem in New South Wales consisted of:
- The Supreme Court of New South Waleswhich, under the Third Charter of Justicesealed in 1823, had a criminal and civiljurisdiction similar to that of the superiorCourts of England;
- Courts of General and Quarter Sessionswhich could deal with “crimes andmisdemeanours not punishable by death”;
- Courts of Requests in Sydney andthe County of Cumberland, with a civiljurisdiction not exceeding $30; and
- Courts of Petty Sessions, which dealt withcriminal misdemeanours in a summary wayand had a civil jurisdiction up to $10 (or$30 if the defendant consented).
With the discovery of gold in 1851 theColony’s population increased and becamemore dispersed. Litigation grew as the Colonyprospered, and crime was not declining. TheSupreme Court began to fall seriously intoarrears, and this was not helped by the factthat it did not visit a lot of towns. Courts ofQuarter Sessions were also few in numberand had no civil jurisdiction.
By the mid 1850’s there were calls for arevision of the court system, to meet thegrowing needs of the Colony. As a result, theDistrict Court Act 1858 (22 Vic No 18) wasassented to on 12 November 1858.
This Act established District Courts, as courtsof records, to replace Courts of Requests anddivided the Colony into Districts. It conferredupon the District Courts a civil jurisdiction.
It also provided for the appointment of aDistrict Court Judge as Chairman of anyCourt of Quarter Sessions or GeneralSessions, to be held within the limits of theDistrict for which that Judge was appointed.
The purpose of the Act was briefly describedin The Practice of the District Courts of NSWby W.J. Foster and C.E.R. Murray (Sydney,1870), as follows:
“District Courts were established by theLegislature for the purpose of simplifyinglegal proceedings in the recovery ofamounts under £200, and lessening theexpenses of attending such proceedings,as well as to relieving the Supreme Courtof some portion of the overwhelming civilbusiness which the rapid progress of thecolony had lately engendered.
The Act providing for the institution ofthese Courts also extended the jurisdictionof Courts of General and Quarter Sessionsof the Peace, and prepared the way for agreat increase in their numbers, under thepresidency of District Court Judges asChairmen, whereby criminal proceedingshave been much facilitated, especially inthe more distant and outlying portions ofthe country…”
The District Courts Act 1858 remained inforce until 1973, although the jurisdiction ofthe Court was increased from time to time.
The District Court Act 1973 commenced on 1July 1973. It abolished the District Courts andCourts of Quarter Sessions and establishedone District Court of New South Wales, with astatewide criminal and civil jurisdiction.
Jurisdiction
The District Court is the intermediate Court in the State’s judicial hierarchy. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a range of tribunals.
In its criminal jurisdiction, the Court may deal with all criminal offences except murder, treason and piracy.
In its civil jurisdiction the Court may deal with:
- all motor accident cases, irrespective of the amount claimed;
- other claims to a maximum amount of $750,000, although it may deal with matters exceeding this amount if the parties consent.
In addition, the Court may deal with equitable claims or demands for recovery of money or damages for amounts not exceeding $750,000.
The Court is also empowered to deal with applications under the De Facto Relationships Act 1984, the Family Provisions Act 1982 and the Testator Family Maintenance and Guardianship of Infants Act 1916 that involve amounts, or property to the value of, not more than $250,000.
Judiciary
The following were the Judges of the Court as at 31 December 2009.
Chief Judge
The Honourable Justice Reginald Oliver Blanch, AM Judges
His Honour Judge John Lawrence O’Meally, AM, RFD*
His Honour Judge Ronald Herbert Solomon
Her Honour Judge Margaret Ann O’Toole
His Honour Judge David James Freeman
His Honour Judge Kenneth Victor Taylor, AM, RFD
His Honour Judge Anthony Frederick Garling
Her Honour Judge Dianne Joy Truss
His Honour Judge Garry William Neilson
His Honour Judge Christopher John Armitage
Her Honour Judge Margaret Sidis
His Honour Judge Christopher John George Robison
Her Honour Judge Robyn Christine Tupman
His Honour Judge James Patrick Curtis*
Her Honour Judge Helen Gay Murrell, SC
Her Honour Judge Deborah June Payne
His Honour Judge Martin Langford Sides, QC
His Honour Judge Robert Keleman, SC
Her Honour Judge Anne Mary Quirk
Her Honour Judge Ann Margaret Ainslie- Wallace
His Honour Judge Colin Phegan
Her Honour Judge Linda Margaret Ashford
His Honour Judge Gregory David Woods, QC
His Honour Judge Anthony Francis Puckeridge, QC
Her Honour Judge Helen Jane Morgan
His Honour Judge Norman Edward Delaney
His Honour Judge Jonathan Steuart Williams
His Honour Judge Kevin Patrick O’Connor, AM
Her Honour Judge Jennifer Anne English
His Honour Judge Allan Hughes
Her Honour Judge Susan Jennifer Gibb
His Honour Judge Gregory Scott Hosking, SC
His Honour Judge Ralph Coolahan
His Honour Judge Kevin Peter Coorey
His Honour Judge Richard Anthony Rolfe
His Honour Judge James Walter Black, QC
His Honour Judge Robert Arthur Sorby
His Honour Judge Stephen Ronald Norrish, QC
Her Honour Judge Audrey Suzanne Balla
His Honour Judge Michael John Finnane, RFD, QC
Her Honour Judge Penelope Jane Hock
Her Honour Judge Judith Clare Gibson
His Honour Judge John Cecil Nicholson, SC
His Honour Judge Stephen Lewis Walmsley, SC
His Honour Judge Anthony Martin Blackmore, SC
His Honour Judge Colin Emmett O’Connor, QC
His Honour Judge Peter Graeme Berman, SC
His Honour Judge Raymond Patrick McLoughlin, SC
His Honour Judge Colin David Charteris, SC
His Honour Judge Roy David Ellis
His Honour Judge Mark Curtis Marien, SC
His Honour Judge Brian John Knox, SC
His Honour Judge John Roger Dive
Her Honour Judge Deborah Anne Sweeney
His Honour Judge James Leonard Alexandre Bennett, SC
His Honour Judge Peter Lind Johnstone
His Honour Judge William Patrick Kearns, SC*
His Honour Judge Paul Vincent Conlon, SC
His Honour Judge Peter Raymond Zahra, SC
His Honour Judge Richard Dominic Cogswell, SC
Her Honour Judge Leonie Flannery, SC
His Honour Judge Robert Stephen Toner, SC
His Honour Judge Gregory Micheal Keating
His Honour Judge Paul Ivan Lakatos, SC
His Honour Judge Leonard Levy, SC
His Honour Judge Michael Elkaim, SC
His Honour Judge Michael King, SC
His Honour Judge David Clement Frearson, SC
His Honour Judge Andrew Michael Colefax, SC
Her Honour Judge Helen Syme
His Honour Michael Ivan Bozic, SC
His Honour John North
* denotes Members of the Dust Diseases Tribunal
Judicial Appointments
The following Judges were appointed during 2009 on the dates indicated in the brackets after their name:
His Honour Judge David Clement Frearson, SC (2 March 2009)
His Honour Judge Andrew Michael Colefax, SC (14 April 2009)
Her Honour Judge Helen Syme (14 April 2009)
His Honour Michael Ivan Bozic, SC (20 July 2009)
His Honour John North (29 July 2009)
Judicial Death in Office
Sadly, on 7 October 2009, His Honour Judge John Lester Goldring died in office.
Judicial Retirements
The following Judges retired during 2009 on the dates indicated in brackets after their name:
His Honour Judge William Harwood Knight (1 February 2009)
His Honour Judge Christopher James Geraghty (13 February 2009)
His Honour Judge John Roscoe Nield (23 September 2009)
District Court Judge appointed to the Supreme Court of NSW
His Honour Judge Robert Allan Hulme, SC was appointed as a Judge of the Supreme Court of NSW on 2 March 2009.
Appointments held during 2009
His Honour Judge John Lawrence O’Meally, AM, RFD, held the appointment of President of the Dust Diseases Tribunal of NSW.
His Honour Judge Kevin Patrick O’Connor, AM, held the appointment of President ofthe Administrative Decisions Tribunal of NSW.
His Honour Judge Gregory Michael Keating held the position of President of the Workers Compensation Commission of NSW.
His Honour Judge John Roger Dive held the position of Senior Judge of the Drug Court of NSW.
His Honour Judge Kenneth Victor Taylor, AM,RFD, held the position of NSW PrivacyCommissioner.
His Honour Judge Mark Curtis Marien, SC held the position of President of the Childrens Court of NSW.
Medical Tribunal of NSW
The Honourable Justice Reginald Oliver Blanch, AM, Chief Judge, held the appointment of Chairperson of the Medical Tribunal of New South Wales.
The following Judges held appointments as Deputy Chairpersons of the Tribunal as at 31 December 2009:
His Honour Judge Ronald Herbert Solomon
His Honour Judge David James Freeman
His Honour Judge Kenneth Victor Taylor, AM, RFD
Her Honour Judge Margaret Sidis
Her Honour Judge Helen Gay Murrell, SC
His Honour Judge Robert Keleman, SC
Her Honour Judge Ann Margaret Ainslie- Wallace
His Honour Judge Anthony Francis Puckeridge, QC
Her Honour Judge Audrey Suzanne Balla
His Honour Judge Stephen Lewis Walmsley, SC
His Honour Judge Peter Lind Johnstone
Acting Judges During 2009
Mr Graham Hamlyn Traill Armitage, QC
Mr Terence Joseph Christie, QC
Mr Geoffrey John Graham
Mr Rodney Neville Madgwick, QC
Mr John Cecil McGuire
Mr Joseph Anthony Moore
Mr Colin Phegan
Mr Brian James Boulton
Mr Garry Spencer Forno, QC
The Honourable Barrie Clive Hungerford, QC
Mr Michael John McGrowdie
Mr Neil McLauchlan
Sir Robert Kynnersley Woods, CBE
Mr Ian Barnett
Judicial Registrar
Section 18FA of the District Court Act 1973 provides for the appointment of a Judicial Registrar.
Ms Catherine Admonisha McDonald’s appointment as Judicial Registrar expired on 4 December 2009.
Venues
In 2009 the Court sat permanently in Sydney at the Downing Centre, 143-147 Liverpool Street, Sydney (in crime), where it occupies 17 courtrooms, and at the John Maddison Tower, 86 Goulburn Street, Sydney, where it occupies 22 courtrooms (mostly in civil).
In Sydney West, Judges sat full-time in the Court Houses at Parramatta (4 courtrooms), Penrith (3 courtrooms) and Campbelltown (3 courtrooms). In addition, continuous sittings were conducted at Newcastle, Gosford, Wollongong and Lismore. The places where the Court sat were:
Albury, Armidale, Bathurst, Bega, Bourke, Broken Hill, Campbelltown, Coffs Harbour, Coonamble, Dubbo, East Maitland, Gosford, Goulburn, Grafton, Griffith, Inverell, Lismore, Maitland, Moree, Newcastle, Nowra, Orange, Parkes, Parramatta, Penrith, Port Macquarie, Queanbeyan, Sydney, Tamworth, Taree, Wagga Wagga, Wollongong.
Court Staff
Principal Registrar and Director Judicial Support
The Principal Registrar and Director Judicial Support is Mr Craig Smith, who is responsible for undertaking statutory functions and delegated court functions; maintaining a collaborative approach with the judiciary in the effective management of the Court; providing effective judicial support; and, oversighting the listing and case management functions on a statewide basis.
Criminal Listings and Judicial Arrangements
Schedules cases in accordance with Court policy; prepares lists; allocates courtrooms; and co-ordinates the assignment of judges to venues throughout the State.
The Manager, Criminal Listings and Judicial Arrangements is Rob Fornito.
Civil Case Management and Listing
Implements civil case management and listing practices for the timely disposition of cases; schedules cases; prepares lists and allocates courtrooms.
The Manager, Civil Case Management is Jane Dunn.
Strategic Plan
In August 2007 the Court introduced its third Strategic Plan. The first such plan was adopted in 1995 and it provided a template for significant changes in the way the Court operated as did the second Strategic Plan in 2000.
The Strategic Plan articulates the values of the Court and sets out the goals to be achieved over 2007-2012 in carrying out this role in line with these values.
The Court is committed to discharging its responsibilities to ensure:
- That the Court is accessible to the public and those who need to use its services;
- The effective determination of cases in an orderly, cost effective and expeditious manner. The equal protection of the law to all;
- The independence of the Judges of the Court, and the Court as a branch of our system of government;
- Accountability for the performance of the Court and its use of public funds;
- The highest standard of excellence in the functioning of the Court.
As in past plans, the Court will continue to maintain a Policy and Planning Committee to provide advice to the Chief Judge on matters relating to the business of the Court. There are also four major business committees that are accountable to the Policy and Planning Committee. Those Committees are:
- The Criminal Business Committee;
- The Civil Business Committee;
- The Professional Development (Education) Committee;
- The Resources Committee.
Civil Business Committee Report
Terms of Reference
To monitor, report and advise on any matter relating to the Court’s goal of providing a system for the earliest, most effective and efficient resolution of civil disputes.